EVENT OWL – GENERAL USER TERMS AND CONDITIONS
1.1 These terms and conditions, together with any policies from time to time set out on the Website are the terms (‘the Terms’) on which We provide the Services to You.
1.2 If You are:
(a) an Event Organiser please see ‘Part 1 – Event Organisers’; or
(b) an Exhibitor please see ‘Part 2 – Exhibitors’; or
below for details of the Services and specific terms and conditions relating to Our dealings with You.
1.3 By accessing any part of the Website You warrant that You are at least 18 years old and legally capable of entering into binding contracts and agree to be bound by these Terms whether acting in Your personal capacity or on behalf of Your organisation. You agree that all persons who access the Website through Your internet connection are aware of them.
1.4 You are responsible for ensuring that You have access to the Website. Please read the Terms carefully as they affect Your rights and liabilities under the law. If You do not agree to be bound by the Terms You should not access or use the functions of the Website.
1.5 We may update these Terms from time to time for any reason including but not limited to legal or regulatory reasons or to allow the proper operation of the Website. Any changes will be notified to You via a suitable announcement on the Website. The changes will apply to the use of the Website after We have given such notice. If You do not wish to accept the new Terms You should not continue to access or use the functions of the Website. If You continue to access or use the functions of the Website after the date on which the changes come into effect, Your use of the Website indicates Your agreement to be bound by the new Terms.
1.6 We may temporarily or permanently modify or withdraw this Website (or any part thereof) with or without notice to You and confirm that We shall not be liable to You for any modification or withdrawal of the Website.
1.7 References to the Website include any current or future version of the Website and any mobile application through which You can access the Website or our Services from time to time.
1.8 You should print a copy of these Terms as applicable to You at any given time and save them to Your computer for future reference.
2. Content of the Website
2.1 We take reasonable care to ensure that all details, descriptions and prices appearing on the Website are correct at the time when the relevant information was entered onto the Website.
2.2 Although We aim to keep the Website as up to date as possible, the details, description and prices appearing on the Website at a particular time are influenced by Event Organisers and may not always reflect the accurate position exactly at the moment You view them.
2.3 We do not represent, undertake or warrant that access to the Website or any part of it shall be uninterrupted, reliable or fault free.
3. Intellectual Property and Data Protection
3.1 The content of the Website and the material published on it is protected by copyright, trade marks, database right and other IP Rights. You may print one copy, and may download extracts, of any page from the Website for Your personal reference and You may draw the attention of others to provided You keep intact all and any copyright and proprietary notices.
3.2 Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from Us.
3.5 Each party shall keep indemnified the other against any costs, expenses, liabilities, claims, damages, penalties or fines that the other may incur in connection with a breach by the first party of the Data Protection Act 1998 or associated regulations in relation to the collection, sharing or use of personal data in connection with the performance of these Terms save where and to the extent that any such processing of personal data is undertaken at the specific request of the other party.
4. Termination and Consequences of Termination
4.1 Without affecting any other right or remedy available to Us, We may immediately and at Our absolute discretion either deny, terminate or suspend the provision of the Services to You by giving You notice in writing if:
(a) We reasonably believe that You have breached any term of the Terms or (if such a breach is remediable) You have failed to remedy that breach within the period during which We notify You to remedy such breach;
(b) We permanently withdraw the Website;
(c) in Our reasonable opinion You have been the subject of a sufficient degree of negative feedback from feedback questionnaires operated through Our Website or otherwise such that We believe that You may adversely affect Our reputation or are not of reputable standing;
(d) You suspend, or threatens to suspend, payment of Your debts or are unable to pay Your debts as they fall due or admit inability to pay Your debts or (being a company or limited liability partnership) are deemed unable to pay Your debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) are deemed either unable to pay Your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) have any partner to whom any of the foregoing apply; or
(e) You suspend or cease, or threaten to suspend or cease, carrying on all or a substantial part of Your business; or
(f) We cease to provide the Services applicable to You.
4.2 Termination in accordance with clause 4.1 shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach which existed at or before the date of termination.
4.3 Upon termination:
(a) We shall cease to provide the applicable Services to You; and
(b) We shall immediately cease to describe Ourselves as Your agent and cease to use all of Your trade marks, trade names and brand names (including without limitation on stationery and vehicles).
5. Liability and Indemnity
5.1 Except in respect of death or personal injury caused by Our negligence, and subject to Your statutory rights We shall not be liable for any representation (unless fraudulent), implied warranty, condition or other term, or legal duty for Loss suffered by You whether in contract, tort (including negligence), breach of statutory duty, or otherwise (even if foreseeable) arising out of or in connection with the provision of the Services.
5.2 Our entire liability under or in connection with these Terms shall not exceed the charges paid by You to Us in accordance with these Terms, except as expressly provided for in these Terms.
5.3 You agree to indemnify Us, keep Us indemnified and hold Us harmless against any Loss suffered by Us in connection with or arising out of these Terms as a result of Your breach of the Terms.
5.4 We may at any time, without notice to You, set off any liability owed by You to Us against any liability owed by Us to You, whether either liability is present or future, liquidated or unliquidated, and whether or not liability arises under these Terms. Any exercise by Us of Our rights under this clause shall not limit or affect any other rights or remedies available to Us under these Terms or otherwise.
6.1 Please contact Us via email firstname.lastname@example.org if at any time You have any questions about the Services that We have provided You or You would like to make a complaint or provide Us with any feedback.
(a) All notices and communications required to be sent by You shall be made and sent by e-mail to email@example.com or first class post or recorded delivery to 5 Parkstone Avenue, Thornton-Cleveleys, FY5 5AE (b) All notices and communications required to be sent by Us shall be made and sent by e-mail to the e-mail address or post to the postal address provided to Us as part of the Information.
(c) If notice is given in accordance with this clause it shall be deemed to have reached the party to whom it is addressed on the next business day following the day of posting.
7.2 Force Majeure: Both parties will be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulations, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving Our employees or a third party), difficulties in obtaining network connection, parts or machinery, power failure or breakdown in machinery or any other cause beyond the reasonable control of the parties rendering performance of the contract for the provision of the Services impossible provided that this condition shall only have effect at Our discretion except when such event renders performance impossible for a continuous period of 2 (two) calendar months.
7.3 Assignment: These Terms are personal to You and You shall not assign, transfer, mortgage, charge, subcontract or deal in any other manner with any of Your rights and obligations under these Terms without Our prior written consent (such consent not to be unreasonably withheld or delayed). We may assign, transfer, mortgage, charge, subcontract or deal at Our absolute discretion.
7.4 Third Parties: Except as otherwise specified in the Terms, it is the intention of the parties that no person not a party to the Terms shall have any rights in relation to it under the Contracts (Rights of Third Parties) Act 1999.
7.5 Entire Agreement: These Terms set out the entire agreement between the parties in connection with its subject matter and neither party has entered into these Terms in reliance on any warranty, representation or statement made by the other which is not set out in these Terms. Nothing in these Terms purports to exclude liability for any fraudulent statement or act.
7.6 Severability: In the event that any provision of these Terms or any part of such is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indication of the same are received by either of the parties from any relevant competent authority the parties shall amend the relevant part of that clause in such reasonable manner as achieves the intention of the parties without illegality or at Our discretion that part of the relevant provisions may be severed from these Terms in which event the remaining Terms and the remaining part of the relevant condition shall remain in full force and effect.
7.7 Waiver: The failure of either party at any time or times to require performance of any provision hereof shall not affect that party's right to enforce such provision at a later time. No waiver by either party of any conditions or the breach of any term covenant representation or warranty contained in these Terms in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or be deemed to be or construed as a waiver of the breach of any other term covenant representation or warranty in these Terms.
7.8 Governing Law and Jurisdiction: These Terms are governed by the English law in every particular including formation and interpretation and shall be deemed to have been made in England. Any proceedings arising out of or in connection with the Website or the Order may be brought in any court of competent jurisdiction in England and Wales.
8.1 In these Terms, the following words and expressions shall have the following meanings unless inconsistent with the context or otherwise specified:
‘Administration Fee’ means the sum set out in the right hand column of the table set out below payable by the Exhibitor or Event Organiser to Us based on the applicable Space Price:
‘Balance’ means the Order Price less the Deposit;
‘Business’ means any commercial enterprise which is not deemed to be a consumer for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
‘Business Day’ means any day which is not a Saturday or Sunday, or public holiday in England;
‘Card Transaction Fee’ means the payment gateway fee as a percentage of the total order value completed through the Website;
‘Deposit’ means the probable initial payment representing a proportion of the Order Price made by the Exhibitor as set by the Event Organiser and specified on the Website;
‘Designated Account’ the account details of which You provided to Us during the registration or such other account as notified by You to Us in writing from time to time.
‘Event’ means the event listed by the Event Organiser for which We shall provide the Services;
‘Event Organiser’ means the Business and any authorised person acting on the Event Organiser’s behalf who has registered with Us via the Website to use Our Services as set out in Part 1 of these Terms; ‘Exhibitor’ means the individual or Business and any authorised person acting on the Exhibitor’s behalf who has registered with Us via the Website to Use Our Services as set out in Part 2 of these Terms;
'Exhibitor' means Stall Holder, Trader, Exhibitor, Pitch Holder or any other business or entity which promotes itself or sells goods on a stall, stand or pitch at an event.
‘Exhibitor Applications’ means an instruction from the Exhibitor to Us to process an Order for the booking of space, extras, electricity etc together with their application form containing their business details, and to communicate this information to the Event Organiser;
‘Exhibitor Sales Receipt’ means an electronic receipt for the Order requested by an Exhibitor.
‘Exhibitor funds’ means the sum received by Us from the Exhibitor comprising the Order Price, the Exhibitor Administration Fee, if applicable and the Card Transaction Fee(s) if applicable.
‘IP Rights’ means any copyrights, analogist rights, trade marks, know-how and other proprietary intellectual property rights;
‘Order’ is the cost of the total sum of packages ordered by the Exhibitor
Standard Order Processing Prices:
Farmers Markets, Craft Markets, Town Markets held on a weekly or monthly basis.
£3.50 per order processed
All other events, festivals, shows, fairs held annually, biannually or are a one off event.
£7.50 per order processed
A percentage card processing fee will be incurred, this depends on the card issuer is is generally between 1.2% + 20p and 1.9% + 20p.
‘Packages’ the name given to the type of stand, extra, electricity, pitch size, advertising, sponsorship field given on the booking area of the event page.
‘Package Allocation’ the number of packages available to be sold e.g. number of 3m x 3m pitches, number of 6ft tables you wish to sell to Exhibitors.
‘Service’ means the services which We provide to You in accordance with the relevant Part of these Terms;
‘Package Allocation’ means the allocation of packages available in accordance with which the Event Organiser permits Us to process Orders for the Exhibitors in accordance with these Terms;
‘Space’ means the exhibition/trade space/pitch being offered by the Event Organiser for purchase within a Package by an Exhibitor at the Event;
‘Stripe’ means the payment gateway provider which handles all financial transactions between Exhibitors and Organisers. A Stripe account can either be separately created or Event Owl will create an account on the users behalf with their bank details. Using links from Event Owl or otherwise, by the organiser and then connected to Event Owls platform system, through various API's. Event Owl and its team can access and perform certain tasks (e.g. refunds, information downloading) on behalf of an Organiser, to assist with financial control, this requires oral/emailed/written authority given by the organiser. All essential financial information is 'mirrored' to the Organisers Event Owl dashboard for ease of use and can be reconciled at any time against their Stripe account. Event Owl is not liable for losses incurred due to an Organiser not understanding the Stripe system, not chasing payments after our three automated attempts, or abusing Stripes user agreements. It is expected that the Organiser will read all Stripes user agreements before linking their account with Event Owls platform. Event Owl will endeavour to check if an event Organiser is legitimate to the best of its team’s capability.
‘Website’ means eventowl.co.uk or any mobile application on which You can access our Services;
‘We’, ‘Us’, ‘Our’, ‘Ourselves’ means Exhibitor Application Systems Ltd. T/A Event Owl. Company number 10541586 and whose registered office is at 5 Parkstone Avenue, Thornton-Cleveleys, Lancashire, FY5 5AE.
PART 1 – EVENT ORGANISERS
1. Listing an Event
(a) We require You to register (Sign Up) with Us on Our Website, or to complete an Event Owl form to this effect, to enable You to create and list an Event on Our Website and for Us to process payments in respect of an Event on Your behalf as set out below.
(b) Listing an Event on the Website may be subject to the Event Organiser linking to Stripe and accepting Orders as per the conditions set out in the initial contractual email between Us and the Organiser.
(c) In order to list an Event You shall be required to provide the terms and conditions upon which You deal with Exhibitors (‘Your Terms’). All Exhibitors shall be made aware that all dealings with You shall be subject to Your Terms.
1.2 We act solely as an intermediary between You and the Exhibitors with whom You contract and as such shall provide access to Our Website for:
(a) Interested Exhibitors are requested to book to space, extras, electricity, sponsor, advertise and so forth at an Event; Event Owl take no responsibility for any goods and/or services the Exhibitor(s) receive from You or for the performance of any obligation undertaken by any Exhibitor to You.
1.3 We shall create and electronically distribute Exhibitor Sales Receipts to Exhibitors who have purchased Exhibitor Packages in accordance with these Terms and Your Terms.
1.4 We reserve the right at Our sole and absolute discretion and without notice to You to:
(a) increase any or all of the Card Transaction Fee and/or the Administration Fees and shall list any such increases on the Website;
(b) deny or withhold access from You to the Website if You are in breach or We have reasonable grounds to believe that You are in breach of these Terms; and
(c) decline, reject, cancel, edit or remove any Event if the brand, trade name, IP Rights and all other materials uploaded by You to the Website or supplied to Us by You for use on the Website (‘the Content’) would be in breach of paragraph 1.5(b) below. We will inform You, where reasonably practicable, of any objections We have to the Content and where applicable suggest or at Our absolute discretion make any suitable amendments which We deem necessary.
(d) Invoice You for immediate payment if you have used our system to process Exhibitor Packages at 100% discount rate to the advertised Package costs to avoid paying our fee's, and are subsequently found to have invoiced the Exhibitor separately and taken full payment. Invoices will be charged at the full administration fee rate particular to the total Order price paid by the Exhibitor. This will be deemed fraudulent activity and all records held may be suspended.
1.5 Your Rights and Obligations
(a) You warrant that at all times:
(i) the information that You provide in the registration process is accurate and complete;
(ii) You are a Business;
(iii) the listing of the Event is not fraudulent in that You fully intend to hold the Event and will use Your best endeavours to do so and shall only cancel the Event as a last resort having first considered all other alternatives and provided Us with prior notification of Your intention to do so;
(iv) You will provide details of Your Event by following the on-screen upload process on the Website or by forwarding the Content to Us in order that We may upload the details on Your behalf and that You shall be solely responsible for the accuracy and maintaining the accuracy of the Content that You upload or provide;
(v) You and all persons providing the goods and/or services in the Event has, at all times all requisite licences (where applicable including but not limited to a site alcohol licence), consents (where applicable including but not limited to a local authority events notification approval), authorisations (where applicable including but not limited to a highways and emergency services), legal compliances and accreditations (where applicable including but not limited to risk assessments for the Event and the site, Event insurance, suitable cancellations and refunds policies in Your Terms), training, experience and qualifications to do so and that the holding of the Event is in no way illegal and that You shall upload the relevant documentation into the Events Documents area on the Website;
(vi) You are the owner of the Content, or alternatively that You have obtained the necessary consent(s) from the owner(s) of the Content to sub-licence any IP Rights which it uses or licences to Us; and
(vii) You have the right to grant Us a non-exclusive, perpetual, irrevocable, royalty-free licence to use the Content.
(b) The Content and Event shall not:
(i) breach any laws or incite or encourage others to break such law, or infringe the rights or privacy of any person or legal entity;
(ii) be discriminatory in any way;
(iii) be pornographic, obscene, profane, vulgar, or contain swearing;
(iv) defame any person, entity or organisation
(v) solicit business or compete with Us in any way; or
(vi) be otherwise offensive in Our reasonable opinion,
and We reserve the right to refuse to deal with any Content that We consider to be in contravention of these Terms and to remove any such Content or the Event at any time without liability to You.
(c) You agree to act reasonably and co-operatively with Us in the event that We are required to investigate any illegal activity.
1.6. To advertise an event on Event Owl, Organisers will be required to complete a listings form where all details of their event will be requested. Depending upon the type of listing the Organisers selects to request will determine the applicable fee to be paid upon invoice before the event/s can be listed.
1.7. It is the Organiser’s sole obligation to ensure that any event page posting on Event Owl and the nature and conduct of the underlying event meet all applicable national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.
2. Selling Packages to Exhibitors
2.1 If You so elect, You agree and acknowledge that We shall act as Your agent to sell Packages to Exhibitors on Your behalf in accordance with these Terms and in so doing You must provide Us with:
(a) Package Allocation quantity in accordance with which We may process Exhibitor Applications for an Event;
(b) details of the Package Price(s); and
(c) details of any Deposit which You wish to offer.
(d) confirmation as to whether you wish to absorb our Administration fee and/or Card Procesing Fee using the tick boxes provided.
2.2 Upon receipt of an Exhibitor Application We shall, subject to the Package Allocation, notify You of the details of the Exhibitor Application via the contact details You provided during registration with Us (‘the Exhibitor Application Notice’).
2.3 You shall within 14 Business Days of the Exhibitor Application Notice use reasonable endeavours to provide Us with confirmation as to whether the Exhibitor Application is either:
(a) accepted by You by clicking the ‘Accept’ field in the ‘Organised Events’ area of the Website; or
(b) declined by You by clicking the ‘Decline’ field in the ‘Organised Events’ area of the website, in either case We shall notify the Exhibitor. You shall be responsible for directly providing the Exhibitor with any applicable explanations; or
(c) the Application is neither accepted nor declined as the order exceeds the Package Allocation, in which case We shall notify the Exhibitor.
The Exhibitor shall be automatically placed onto a waiting list if You if you have requested this in the ‘Event details’ during the creation of the event. You can alter this at any time.
2.4 If an Exhibitor is placed on the waiting list referred to in paragraph 2.3(c) above then if the Package Allocation is increased and becomes available we shall send the Exhibitor a note to advise that the Package they applied for is now available and that they should apply.
2.5 If you elect to use a 'Register your interest' page you should make the page reader aware of the date you intend to notify those who 'Register their interest', of either your decision to invite them to apply for a trade stand space, or to email them your decision as to why you do not think them suitable for your event. The dashboards will read 'Register' and either 'Interest registered' or 'Interest acknowledged' only in the status column. This does not provide the Exhibitor with an explanation.
2.6 Following Your acceptance of an Exhibitor Application We shall process the payment of the Exhibitor payment card for the Order costs and issue an Exhibitor Sales Receipt once their funds have cleared, dependent upon whether they paid in full or a deposit, we shall also forward to You in the Designated Account:
(a) the Deposit; or
(b) the full Order price if the payment is made in full. The Exhibitors ‘Payment Card’ will be charged upon You clicking the ‘Accept’ link. We will advise as to whether this card encounters an issue by raising a note next to the Exhibitors Order in your Exhibitors list for that event.
2.7 If an Exhibitor pays a Deposit We shall remind them of their obligation to pay the Balance (plus a Card Transaction Fee unless absorbed by the Event Organiser) no later than 10 Business Days prior to the due date set by You when listing the Event (‘the Due Date’) and automatically take payment from the Exhibitor on that Due Date.
2.8 If payment of the Balance (plus a Card Transaction Fee unless absorbed by the Event Organiser) fails on the Balance due day We shall notify You and contact the Exhibitor. We shall attempt payment twice more on consecutive days after the Balance due date. At all times the ‘Pay balance now’ function adjacent to the order column in the Exhibitors ‘Purchases’ area will remain available to the Exhibitor.
2.9 If payment of the Balance (plus a Card Transaction Fee unless absorbed by the Event Organiser) fails for a second time the Exhibitor Pass Receipt We shall notify both You and the Exhibitor. The Organiser must decide whether to decline the Exhibitor or proceed with procuring the balance due.
3.0 Once the Exhibitor has paid the Orders Balance (plus a Card Transaction Fee unless absorbed by the Event Organiser), We shall forward the Balance to You in the Designated Account. We shall then add the words ‘Paid in full’ to the Sales Receipts.
3.1 Event Owl cannot be held responsible for an Exhibitors lack of funds at any time. It will notify at the soonest opportunity or card errors arising, both the Organiser and the Exhibitor concerned.
PART 2 – EXHIBITORS
1. Making an Application for a Trade Stand
1.1 Your contract for the purchase of the Events ‘Packages’ is with the Event Organiser and not Us and for the avoidance of doubt We act as the Event Organiser’s agent as an intermediary between You and the Event Organiser.
1.2 Packages may be restricted to a maximum number and whilst We use reasonable endeavours to ensure that the Allocation is up to date, We do not warrant undertake or guarantee that this is the case. This information is provided to us by the Organiser and can be updated by the Organiser at any time. If any restrictions on the use of the Packages are applicable and specified on the Website and the Organisers Terms and Conditions, You warrant that You are aware of such restrictions and legally capable of purchasing the Package/s containing such restrictions. It is important that You check with the Event Organiser that there are no restrictions or further restrictions imposed on the Package/s which is displayed on the Website and/or in the Organisers Terms and Conditions which you must read and check off before submitting your Order..
1.3 All purchases of Packages are subject to these Terms as well as the Event Organiser’s own terms and conditions made available via the Website. A copy of the Organisers Terms is sent upon placing an order to the Exhibitor. By making an Exhibitor Application You acknowledge and agree to both these Terms and the Event Organiser’s terms and conditions and authorise Us to take payment from You via our Payment Gateway provider n the event that Your Exhibitor Application is accepted. We shall acknowledge receipt of the Exhibitor Application (‘the Exhibitor Application Acknowledgement’).
1.4 If you wish to 'Register your interest' for an event, please note this merely an expression of interest to trade at an event and does not consitute a trade space application. We advise Event Organisers to make the page reader aware of the date they intend to notify those who 'Register their interest', of either their decision to invite them to apply for a trade stand space, or to email them their decision as to why they do not think them suitable for your event. The 'Your purchases and applications' will read 'Register' and a number, and either 'Interest registered' or 'Interest acknowledged' in the status column. This does not provide Exhibitor with an explanation of any decision.
2. Confirmation, Alterations or Rectifications of Passes
2.1 Following the Exhibitor Application Acknowledgement We shall inform the Event Organiser of Your Exhibitor Application. The Event Organiser shall use reasonable endeavours to provide Us with confirmation within 14 Business Days of the Exhibitor Application Acknowledgement as to whether the Exhibitor Pass Application is either:
(a) accepted; or
(b) declined in which case We shall notify You but shall not be responsible for providing You with any applicable explanations; or
2.2 If the Package is unavailable, you may, if the Organiser has a waiting list, be placed on the waiting list referred to in paragraph 2.1 (c) above then We shall notify you if further Package Allocation is amended.
2.3 Only once the Event Organiser accepts Your Exhibitor Application shall a contract be formed between You and the Event Organiser and at which point We shall process either:
(a) payment of the Exhibitor Sum in full upon receipt of which We shall forward the Order Price to the Event Organiser less a card transaction fee, if applicable, or
(b) the Deposit if You elected to pay in two instalments, upon receipt of being accepted, of which We shall forward the Order fee to the Event Organiser from the payment details which You provided Us with and issue You with an Exhibitor Sales Receipt once the fees have cleared into the bank of the Organiser.
2.4 If You pay a Deposit We shall remind You of Your obligation to pay the Balance (plus a Card Transaction Fee unless absorbed by the Event Organiser) no later than 10 Business Days prior to the due date set by the Event Organiser on the Website (‘the Due Date’) and automatically take payment from You on that Due Date from the payment details which You provided to Us.
2.5 If payment of the Balance (plus a Card Transaction Fee unless absorbed by the Event Organiser) fails on the Balance due day We shall notify You and also advise the Organiser concerned. At all times the ‘Pay balance now’ function adjacent to the order column in the Exhibitors ‘Purchases’ area will remain available to the Exhibitor to enable the payment of the Balance (plus a Card Transaction Fee unless absorbed by the Event Organiser),
2.6 If payment of the Balance (plus a Card Transaction Fee unless absorbed by the Event Organiser) fails for a second time, the 1st day after the balance due, or again on the third attempt, the 2nd day after the balance due, We shall notify You. The Organiser will then decide whether to decline/withdraw the Exhibitor or proceed with procuring the balance due.
2.7 All payments are made subject to payment card verification through Our payment processor Stripe. Your Exhibitor Application may be rejected if the checks are not satisfied.
2.8 Once You have paid the Balance (plus a Card Transaction Fee unless absorbed by the Event Organiser), We shall forward the Balance money to the Event Organiser. We shall then add the words ‘Paid in full’ to the Sales Receipt once this money has cleared into the Organiser account.
2.9 Event Owl cannot be held responsible for an Exhibitors lack of funds at any time. It will notify at the soonest opportunity any card errors arising, to both the Organiser and the Exhibitor concerned.
3.0 For the avoidance of doubt We shall not be liable to You for any delay, omission or refusal of the Event Organiser in issuing acceptance/declined confirmation. Both We and the Event Organiser reserve the right to cancel or refuse any Exhibitor Application which We or the Event Organiser reasonably suspect to have been made fraudulently or through unauthorised use of any robot, spider or other automated device or any other illegal or unauthorised activity.
2.10 It is Your responsibility to verify the accuracy of the Exhibitor Application and Order before you click and raise with the Event Organiser any errors contained within the Order within 10 Business Days of being issued an Acceptance email (‘the Exhibitor Rectification Period’). We cannot guarantee that any alterations or rectifications will be accepted after the expiry of the Exhibitor Pass Rectification Period. Any alterations or rectifications may be subject to an additional charge.
3. Admission at the Event
3.1 Regard should be had to any terms of admission or terms specific to Your attendance at the Event implemented by the Event Organiser.
3.2 You must comply with all relevant statutes, safety announcements and venue regulations whilst attending the Event and notify any special requirements or concerns that You may have about the Event or the Packages to the Event Organiser as We will not be responsible for doing so on Your behalf.
4. Cancellations and Changes to an Event
4.1 The Event Organiser reserves the right to make alterations to an Event.
4.2 It is Your responsibility to remain informed as to whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event and We shall not responsible for communicating any such information to You.
5. Refunds and Exchanges
5.1 We cannot guarantee that You will be able to obtain a refund for Your Order for any reason and in these circumstances You should contact the Event Organiser and refer to the Event Organiser’s terms and conditions for further details.
5.2 You agree and acknowledge that the contract for the purchase of Exhibitor Packages is between You and the Event Organiser and that the responsibility for any refunds and exchanges lies with the Event Organiser.